ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049406
Parties:
| Complainant | Respondent |
Parties | Jacek Kwiatkowski | Tomcats Autos |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00060626-001 | 19/12/2023 |
Date of Adjudication Hearing: 24/04/2024
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard and to present any evidence relevant to the complaint. The hearing was held in the Hearing Rooms, Workplace Relations Commission (WRC), Carlow. The complainant, Mr Kwiatkowski, with the assistance of an interpreter gave evidence under oath. Mr Steed, on behalf of the respondent gave evidence under oath.
Background:
The complainant submitted a complaint to the WRC seeking the payment of statutory redundancy. |
Summary of Complainant’s Case:
Summary of Complainant’s Evidence The complainant gave evidence that he worked as a car painter with the respondent from 25th May 2021 to 27th October 2023, when he was laid off. He earned €541 gross per week. He requested a redundancy payment and submitted form RP9 to the respondent after being laid off for four weeks. He did not receive a response to his request for redundancy and referred his complaint to the WRC. |
Summary of Respondent’s Case:
Summary of Mr Steed’s Evidence Mr Steed gave evidence that the respondent was required to vacate the work premises by 28th July 2023. This was to ensure essential works could take place. He wrote earlier to all employees on 20th September 2022 to alert them of the imminent closure and that their employment was uncertain. As the specialised room for painting was not in use from 28th July 2023, he assigned other tasks to the complainant up to 27th October 2023. He then laid off him off as he was not skilled for mechanical work. He said he did not have a timeframe of when the specialised room for painting would again become available. He received the letter requesting redundancy and did not respond to same. |
Findings and Conclusions:
The Law The Redundancy Payments Acts 1967 sets out the general right to a redundancy payment. Section 7(1) provides: “An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period, shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as redundancy payment provided— (a) he has been employed for the requisite period, and (b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, 1952 to 1966, immediately before the date of the termination of his employment, or had ceased to be ordinarily employed in employment which was so insurable in the period of four years ending on that date”. Right to redundancy payment by reason of lay-off or short-time. 12.—(1) An employee shall not be entitled to redundancy payment by reason of having been laid off or kept on short-time unless— (a) he has been laid off or kept on short-time for four or more consecutive weeks or, within a period of thirteen weeks, for a series of six or more weeks of which not more than three were consecutive, and (b) after the expiry of the relevant period of lay-off or short-time mentioned in paragraph (a) and not later than four weeks after the cessation of the lay-off or short-time, he gives to his employer notice (in this Part referred to as a notice of intention to claim) in writing of his intention to claim redundancy payment in respect of lay-off or short-time. Finding I am satisfied that a genuine redundancy exists due to the circumstances of the specialised painting room not being available from July 2023 to an unspecified date. In accordance with section 12 of the Act, the complainant requested a redundancy payment as he had received no notice of further available work, after being laid off for four weeks. I decide that the complainant is entitled to a redundancy payment in accordance with the following criteria: Commencement of employment: 25th May 2021. End of employment: 27th October 2023. Gross Weekly Wage: €541 |
Decision:
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I decide that the complainant is entitled to a redundancy lump sum payment under the Redundancy Payment Act 1967, in accordance with the following criteria: Commencement of employment: 25th May 2021. End of employment: 27th October 2023. Gross Weekly Wage: €541 This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 26th April 2024
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Redundancy |